In 2009 and 2010, President of Sudan, Omar Al Bashir became the subject two warrants of arrest issued by the ICC. He was charged with crimes against humanity, war crimes and genocide. In 2015, Al Bashir attended an African Union Summit in South Africa. Instead of complying with its legal obligation to arrest him - which was confirmed in urgent High Court litigation at the time - the South African government allowed Al Bashir safe passage in and out of the country.
The South African government later appealed against the High Court judgment to the Supreme Court of Appeal, where the HSF joined proceedings as a ‘friend of the court’ (amicus curiae). Ultimately, the SCA dismissed the South African government’s appeal, reaffirming that its failure to arrest Al Bashir is unlawful.
